The Department of Commerce’s (Commerce) long-awaited decision about the extent to which “novelty” candles are within the scope of the antidumping order on petroleum wax candles from China is scheduled to be issued by July 28, 2011. On August 21, 2009, Commerce published a Federal Register notice indicating that it may include the so-called “novelty” candles (candles in the shape of an identifiable object or those candles with a holiday-specific design) within the scope of the antidumping order on petroleum wax candles from China. Since the establishment of this order, such novelty candles have been excluded from the scope of the order. Commerce indicated that there had been an extremely large number of scope requests on novelty candles, and that Commerce was seeking comments about whether these should be included within the scope of the order.

On August 13, 2010, Commerce published a notice in the Federal Register, determining that it would preliminarily adopt a modified version of Option A set forth in the notice. Option A read:

Option A: The Department would consider all candle shapes identified in the scope of the Order (i.e., tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers) to be within the scope of the Order, regardless of etchings, prints, moldings or other artistic or decorative enhancements, including any holiday-related art.  All other candle shapes would be considered outside of the scope of the Order.

Although proposing to adopt Option A, Commerce indicated that it would exclude from Option A 1) those candles known as “household candles,” “emergency candles,” or “utility candles,” and 2) birthday candles. All other candle shapes and types would be considered outside the scope of the order.

Commerce will now make a final decision, based upon comments it has received on whether modified Option A should be adopted. Of course it is possible that Commerce could further extend the deadline for publishing its final results.

If you have any questions about this or other customs issues, please contact Steve Spraitzar at steve.spraitzar@tuttlelaw.com or at (415) 288‑0427.

Stephen S. Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

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